Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1887-07-05

and ANONYMOUSLY etefmlDSQ, TO test
this illegal assumption of rover by Con.
gress, and TO that end. to bring about q
Situation, which would force Congress,
either to CONSIDER their rights. and absn.
don their illegal assumptions, or to at
tempt BIZ additional legislation, to ex-
tend their powers over the people of
that Territory, an s~ubiuaate them per-
manently under the yoke OF a Colonial
Government bv taking awey all their
powers of self government;
And thus; so make an issue which
would come Rqnarely before the people
of the United States.
Suppose, under the first head:
That the legislature should absolutely
refuse to vote any money to the Terri
torisiG Government except to the chart
table institutions which were already
in existence, and to pay the
interest OF their funded indebt-
eaness. That they absolutely refuse to
tax Che people for any purposes except
those above named.
Where on earth could Congress get
the power, either to compel the people
to tax themselves, or to themselves di-
rectiy tax the people, for any purposes
of their own local government.
II absolutely has no such power what.
ever.
Any attempt to exercise such q power,
il any Congress should be foolish or ar
bitary enough, to try to exercise 1T,
could be met. end successfully resisted
In the Courts, as being unconstitutional
and void legislation.
Thus Congress would be driven, pro-
rsAodl ~ dakorpoiral t1 varoxnt ~ ,fn a.
tempt to exercise such ilIegitimate pow
eminent whatever, in the Territory and
to govern its people absolutely, in all
the minor details OF legal government,
by its own legislation, and to defray the
whole expenses thereof.
/ would like to sec OongreGs try to
pay q million to three million dollars
annually, which is the sum that all Our
governments, Territorial, and county,
would cost them.
I would like to see Congress attempt
to pass o whole code OF OWL and crimi-
nal laws, for the Territory, or to delegate
that power to one individual, Or to q
commission.
It is an impossible thing. tt is q mon
strous thing, which cannot be done in
the nature of things, and which ii it
could be done, would be unconstitution-
al and void, and which, finally, the
American people would never permit.
Any Congress that would attempt 1t,
woula be kicked out OF doors, by the
American people, 30 fast that they
would never know What hit them.
Any President who would be 80 ig-
norsnt and stupid as to approve suoh u
bill, would be pilloried in u lower ig-
nominy and disgrace than poor Pierce
who tried to dragon Kansas out OF her
rights.
Any party which would even for q mo.
ment consider such q proposition, would
be driven from power and covered with
the reproaohes and contempt of the
American people.
But just this is what Congress would
be obliged to do, to maintain this illegal
Government here in defiance OF the will
OF the people, il the people chose TO as
sert that will by refusing to tax them
selves to support q Government Of Cen
gress, Or, let us 60 q little farther, and
see what other legal weapons are in the
armory OF the peoples Law making
power. whereby they can compel the at
tention of Congress, to their lawful and
constitutional demands.
Suppose that under the second
head, the people OF that territory
through their legislature, should take
from the governor al! the power which
by the laws of the territory the people
had conferred upon him;
Take from him all his appointments;
Take from him all his extra pay;
Take from him bis militia;
Leave him with no powers but those
he has by the laws of the United States
What are these?
First: He is commander IN chief oil
the militia.
Second: He may grant pardons and
reprieves. remit fines and for FIXTURES, and
grant respites.
Third; He can Commission ell officers
appointed under the laws OF such Terri
tory.
Fourth; He can veto Laws Of the
Legislature.
Fifth; He shall take care that the
laws OF the Territory shall be faithfully
executed.
But If you repeal oil laws creating q
militia, he will have no militia to com.
mand.
AS to his vetoing, you can pass laws
over his head by a two thirds vote and
ii the people were unanimous, they
could have that two thirds vote 10 theil
legislature.
You could create no officers for him te
commission.
This leaves him no power under the
law but to grant pardons, etc. and one
other power, TO execute faithfully ell thu
laws that the Legislature may pass ovel
his head.
Suppose that under the third head, ths
people through their Legislature. tax.
from the court all power, and procedure
and process now conferred upon them By
the people through the laws they have
passed.
Take from them the money necessar,
to carry on their courts all OF which
comes from the people by their laws.
Take from them all authority, exeep
thelimited authority conferred by til,
United States Laws, and leave them nj
power to execute any process.
Suppose further, that the peopl,
through their legislature should call twt
Constitutional Conventions, one TO
North and one fog South Dakota.
That two State Governments SHOULD
be created at on0e,and that their legisla
tnre should meet and enact q full 0odt
of state laws.
That the Territorial Legieiaturt
should pass q series OF laws recognizing
these State Governments completely.
And providing that, by acertain dat,
in the future, oil the county officer
should recognize the State Government
and providing that the State Govern
ments by that Gay, should &c into ct
feet, and providing that no more tsxeI
should be levied by the Territorial Gov
eminent, and providing that the take
which should he levied by the Stat